Fracking 'Best Practices' Spur Debate Over Use As Model For States' Rules

摘要

Energy sector "best management practices" (BMPs) - agreed-upon standards for conducting hydraulic fracturing - are spurring debate among observers over whether the BMPs, when coupled with compliance incentives, should serve as models for states in developing fracking rules given the federal government's limited regulatory power. Thomas Merrill, the Charles Evans Hughes Professor of Law at Columbia Law School, outlined one possible strategy for effective regulation during a recent Environmental Law Institute (ELI) event in Washington D.C. He suggested that development of a robust BMP regime at the state level could be helped along by creating a backstop of potential strict liability for energy companies that do not comply with the regulations.